Delhi High Court
Haryana Roadway vs National Insurance Co Ltd & Ors on 9 July, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 9th July, 2012
+ MAC.APP. 7/2012
HARYANA ROADWAY ..... Appellant
Through: Mr. Sanjay Kumar, Adv.
versus
NATIONAL INSURANCE CO LTD & ORS..... Respondent
Through: Ms. Manjusha Wadhwa, Adv.
for R-1.
Mr. Eluin Matt John, Adv. for
R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appeal is directed against the judgment dated 25.08.2011
whereby a compensation of `3,85,960/- was awarded in favour
of Respondent No.2 for having suffered injuries in a motor
vehicle accident which occurred on 06.05.2005.
2. The Appellant Haryana Roadways challenges the judgment on
the quantum of compensation as also on the right of recovery of
compensation granted to the First Respondent against it.
During the course of hearing, the Appeal is pressed only so far
as the recovery rights were granted against the Appellant.
3. It is urged that it is admitted case of the parties that the driving
licence was valid upto 08.04.2005, although the driving licence
was renewed after a period of 30 days and was effective w.e.f.
13.05.2005, yet the driving licence issued under Section 14 of
the Motor Vehicles Act, 1988 (the Act) remains effective for a
period of 30 days after its expiry. It is thus stated that the
Claims Tribunal erred in coming to the conclusion that the
Respondent No.3 was driving the vehicle on the date of the
accident without a valid and effective driving licecne.
4. Section 14 of the Motor Vehicles, Act, 1988 (the Act) is
extracted hereunder:-
"14. Currency of licences to drive motor vehicles.
(1) A learner's licence issued under this Act shall, subject
to the other provisions of this Act, be effective for a
period of six months from the date of issue of the licence.
(2) A driving licence issued or renewed under this Act
shall,-
(a) in the case of a licence to drive a transport
vehicle, be effective for a period of three years:
[Provided that in the case of licence to drive a transport
vehicle carrying goods of dangerous or hazardous nature
be effective for a period of one year and renewal thereof
shall be subject to the condition that the driver undergoes
one day refresher course of the prescribed syllabus; and]
(b) in the case of any other licence,-
(i) if the person obtaining the licence, either originally or
on renewal thereof, has not attained the age of 3[fifty
years] on the date of issue or, as the case may be,
renewal thereof,-
(A) be effective for a period of twenty years from
the date of such issue or renewal; or
(B) until the date on which such person attains the
age of [fifty years], whichever is earlier;
[(ii) if the person referred to in sub-clause (i), has
attained the age of fifty years on the date of issue or as
the case may be, renewal thereof, be effective, on
payment of such fee as may be prescribed, for a period of
five years from the date of such issue or renewal:]
Provided that every driving licence shall,
notwithstanding its expiry under this sub-section
continue to be effective for a period of thirty days from
such expiry." (emphasis supplied)
5. The proviso appended to Section 14 of the Act clearly shows
that the driving licence issued under Section 14 of the Act
continues to be effective for a period of 30 days from the date of
expiry. Since the driving licence expired on 08.04.2005, it was
valid upto 08.05.2005. This accident took place on 06.05.2005,
the driving licence was, therefore, valid and effective on the
date of the accident.
6. The Claims Tribunal fell into error in holding that the Appellant
committed breach of the terms of policy on the ground that the
driving licence was not valid on the date of the accident.
7. The impugned order in so far as it grants recovery rights to the
Respondent National Insurance Company Ltd. against the
Appellant is set aside.
8. The Appeal is allowed in above terms.
9. The statutory deposit of Rs.25,000/- be refunded to the
Appellant.
10. Pending Applications stand disposed of.
(G.P. MITTAL)
JUDGE
JULY, 09, 2012
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